Topic

Section 318 BNS

3 articlesLatest June 2026
BNS Sections 316(2) & 318 | Civil Disputes Over Business Transactions Cannot Be Criminalised Absent Fraudulent Intent: Kerala HC Grants Pre-Arrest Bail
Case Law Analysis
|Kerala High Court

BNS Sections 316(2) & 318 | Civil Disputes Over Business Transactions Cannot Be Criminalised Absent Fraudulent Intent: Kerala HC Grants Pre-Arrest Bail

Kerala High Court holds that disputes arising from failed business agreements, such as non-transfer of petrol pump ownership after advance payment, are civil in nature unless fraudulent intent is established. The Court granted pre-arrest bail, emphasizing that custodial interrogation is unnecessary where the allegations lack criminal mens rea, reinforcing the principle that civil debts cannot be weaponized into criminal offences under Bharatiya Nyaya Sanhita.

BNS Sections 69 & 318 | Familial Consent and Pregnancy in Consensual Relationship Do Not Prima Facie Establish Offence: Bombay HC
Case Law Analysis
|Bombay High Court

BNS Sections 69 & 318 | Familial Consent and Pregnancy in Consensual Relationship Do Not Prima Facie Establish Offence: Bombay HC

The Bombay High Court has ruled that even if a consensual relationship leads to pregnancy and is disclosed to both families, it does not automatically satisfy the elements of Sections 69 and 318 of the Bharatiya Nyaya Sanhita. This sets a critical precedent for anticipatory bail in cases involving adult consensual relationships, reinforcing that mens rea and coercive intent must be proven - not assumed from social or biological outcomes.